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Reasons For Decision – Kent Fleming

Kent Fleming Licensed Trainer Kent Fleming has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR178. Mr Fleming was disqualified for 3 years, thus allowing Mr Fleming to reapply for his trainers licence on 17 March 2020.

This followed the detection of a prohibit substance in a pre-race urine sample taken from Pitbull prior to that gelding winning the Class 2 Handicap 1010m conducted at Ballina on 26 December 2016. An application from Mr Fleming for a Stay of Proceedings was opposed by Stewards.

The Principal Member of the Appeals Panel granted an interim stay whilst the Appellant filed submissions. On 3 April 2017, the Principal Member granted a stay pursuant to LR 107(1)(a) until further order.

This Appeal was heard on Tuesday 20th June 2017 at the office of Racing NSW. The panel reserved its decision.

On 13 July 2017 the Panel made the following orders:

(1) The appeal against the finding of guilt is dismissed (2) The finding of guilt under AR 178 is confirmed (3) The appeal against penalty is allowed (4) In lieu of a three-year disqualification, a penalty of a two-year disqualification is imposed. That penalty is to commence 6 days from the date of these Reasons. Upon its expiry, the Appellant may reapply for his licence (5) Appeal deposit forfeited.

Click on the following link - Mr Kent Fleming - Reasons for Decision (released 13 July 2017)

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